European Parliament resolution on Israeli military operation against the humanitarian flotilla and the Gaza blockade

B7‑0389/2010

The European Parliament,

– having regard to the UN Charter,

– having regard to the UN Resolutions on the Middle East,

– having regard the United Nations Convention on the Law of the Sea (UNCLOS),

– having regard to the Universal Declaration of Human Rights of 1948,

– having regard to the Geneva Convention of 1949,

– having regards to the previous Middle East Quartet statements, in particular those of 19 March 2010 reaffirming the fundamental principals laid down in Trieste on 26 June 2009 and those of 11 May 2010 on the renewal of proximity talks between the Israelis and the Palestinians,

– having regard to UN Security Council Resolutions 1860 of 8 January 2009 (S/RES/1860(2009) and 1850 of 16 December 2008 (S/RES/1850(2008),

– having regard to the Declaration by High Representative/Vice President of the Commission Catherine Ashton on behalf of the EU on the Israeli military operation against the flotilla issued on 31 May 2010,

– having regard to the Presidential Statement of the UN Security Council Statement (S/9940) of 31 May 2010,

– having regard to the statement of UN Secretary General Ban Ki Moon 1 June,

– having regard to the Resolution adopted by the United Nations Human Rights Council on the Grave Attacks by Israeli Forces against the humanitarian boat convoy of 2 June 2010,

– having regard to the Resolution adopted by the General Assembly of the WHO on 18 May 2010,

– having regard to the Report by the World Food Programme and the UN’s Food and Agriculture Organisation (FAO), published in November 2009 on the situation in Gaza,

– having regard to the Goldstone Report ‘Human Rights in Palestine and Other Occupied Arab Territories: Report of the United Nations Fact Finding Mission on the Gaza Conflict’,

– having regard to the Council conclusions on the Middle East Peace Process adopted on 8 December 2009,

– having regard to the EU-Israel Association Agreement, especially Article 2 of the agreement,

– having regard to Rule 110(2) of its Rules of Procedure,

A. whereas Israel’s illegal military operation, in international waters, on 31 May 2010 against a flotilla of humanitarian aid bound for Gaza resulted in the deaths of nine civilians and the wounding of 38 civilians,

B. whereas by that act Israel clearly violated international law,

C. whereas the Israeli government detained and imprisoned the crew and passengers of the ships and only released them on 1 June, and whereas there are allegations for mistreatment,

D. whereas the UN Human Rights Council decided on 2 June to dispatch an independent fact finding mission to investigate the Israeli attack on the humanitarian flotilla,

E. whereas Israel rejects an independent international investigation of its attack on the humanitarian flotilla,

F. whereas the border crossings in and out of Gaza have been closed since June 2007 and the blockade on the movement of people and goods has increased poverty, paralysed reconstruction and decimated the economy in the Gaza Strip,

G. whereas according to previous statements by UN organs, the blockade on the Gaza Strip that has been turned into an ‘open air prison’ represents collective punishment in contravention of international humanitarian law,

H. whereas Lady Ashton calls the humanitarian situation in Gaza a source of grave concern and states that the EU does not accept the continued policy of closure and calls for a sustained and unconditional opening of crossings for the flow of humanitarian aid, commercial goods and persons to and from Gaza,

I. whereas the blockade of the Gaza strip continues, preventing international efforts from assisting with the reconstruction of Gaza, including EU financed infrastructure projects destroyed by the Israeli army; whereas the humanitarian situation one year after the war represents a humanitarian catastrophe,

J. whereas the international community did not undertake necessary measures in order to pressure Israel to end the siege in Gaza, which is tantamount to impunity,

K. whereas, on 27 December 2008, Israel launched a large scale military offensive against the Palestinian population in Gaza which lasted until 18 January 2009 and also targeted civilians and parts of the civilian infrastructure, including EU-financed projects; whereas this was not the first time that Israel has committed violations of international human rights law and international humanitarian law against the Palestinian people. More than 1400 Palestinians and 13 Israelis killed, and led to considerable destruction of civilian infrastructure,

L. whereas on 29 September 2009 the Head of the UN Fact-Finding Mission on the Gaza Conflict, Justice Richard Goldstone, presented the Mission Report to the Human Rights Council, stating that, in Gaza, Israel had committed violations of international human rights law and international humanitarian law and failed to meet its obligations under the Fourth Geneva Convention, acts that are tantamount to crimes that should be brought before the International Criminal Court,

M. whereas Israel has been occupying the Palestinian territories since 1967; whereas, according to the IV Geneva Convention, Israel is responsible for the humanitarian protection of the whole of the civilian population under its occupation,

N. whereas the state of Israel is under an obligation to terminate its breaches of international law (according to the decision of the International Court of Justice),

O. whereas article 2 of the EU-Israel Association Agreement states clearly that: ‘Relations between the Parties, as well as all the provisions of the Agreement itself, shall be based on respect for human rights and democratic principles, which guides their internal and international policy and constitutes an essential element of this Agreement’,

P. whereas 80% of the population of Gaza is dependent on food aid, more than 60% are affected by food insecurity, unemployment is around 50% and sanitary and environmental conditions have seriously deteriorated,

Q. whereas only 3,600 truckloads of food aid entered Gaza in the first three months of this year, as opposed to 36,000 during the first three months of 2007 and whereas only 81 products are allowed into Gaza while the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) estimates that 6,000 products are required to meet basic humanitarian needs,

R. whereas the Palestinian Territories are the largest third-country recipient of EU funds and this support has played an important role in the attempt to assuage the humanitarian disaster in the Gaza Strip; whereas the EU continues to provide essential humanitarian assistance in the Gaza Strip, including through UNRWA,

S. whereas the two-state solution remains the essential basis for lasting peace between Israelis and Palestinians; whereas ongoing proximity talks may lead to the resumption of direct peace negotiations with a view to establishing a viable Palestinian state living side by side in peace and security with the State of Israel,

1. Condemns vehemently Israel’s attack against the humanitarian aid flotilla in international waters, which is a breach of international law;

2. Extends its condolences to and expresses solidarity with the families and friends of the victims of this brutal attack;

3. Calls for a prompt international and impartial inquiry into this attack and insists that the principles of accountability and liability be upheld and urges the EU Member States to take action to ensure that all appropriate steps are taken in order to make this demand effective;

4. Demands that Israel lifts immediately the illegal blockade on Gaza and calls on all EU Member States to raise this demand;

5. Demands the suspension of the EU – Israel Association Agreement, in view of the continuous human rights and violations against the Palestinian people committed by Israel; and reiterates its position against any upgrading of EU- Israel relations;

6. Urges the EU Member States to take steps to ensure the sustainable opening of all the crossing points to and from Gaza, including the port of Gaza, to allow the unimpeded flow of humanitarian and commercial goods necessary for reconstruction and a self-supporting economy, as well as currency flows and free movement of people;

7. Commends the work carried out by UNRWA and, aware of the financial shortfall it will face before the end of this year, calls on the international donor community to honour its existing pledges and to increase further its contributions;

8. Welcomes the recent provisional opening of the Rafah Crossing by the Egyptian authorities;

9. Denounces the destruction by the Israeli army of infrastructure in Gaza, particularly infrastructure linked to food production and supply, health, and education, including EU financed infrastructure; demands reparation and compensation for these intentional destructions;

10. Calls on Israel to respect International law and the full implementation and respect for UN resolutions 338, 194, 242 and calls the International community to stop accepting the impunity of Israel;

11. Calls on Hamas to take on board the relevant conclusions of the Goldstone Report, fulfil its responsibilities and engage in an inclusive political dialogue;

12. Expresses its support for the proximity talks between Israel and the Palestinian authority and underlines the need for its continuation with a view for the resumption of direct negotiation;

13. Calls on Israel to freeze all settlement activities and wall construction in order to facilitate the proximity talks;

14. Calls for the release of Palestinian prisoners and the release of Israeli sergeant Gilad Shalit that could help ease tensions;

15. Calls on Israel to stop political persecution of Israeli Arab Members of Knesset, and fully protect their rights as elected representatives; underlines especially the recent threats against MK Hanin Zuabi after she participated in the Gaza-bound aid flotilla;

16. Calls on the EU Member States concerned to stop all arms export to Israel;

17. Calls on the EU Member States concerned to stop any military cooperation with Israel;

18. Expresses its support to the peace-loving forces in Israel that work for an end of Israel’s military policies and in favour of a peaceful solution;

19. Instructs its President to forward this resolution to the Council and the Commission, the governments and parliaments of the Member States, the President and Government of Israel and the Knesset, the Palestinian President and Government, and the Palestinian Legislative Council.